In California, not all criminal charges are created equal — and while a misdemeanor may not sound as serious as a felony, it can still bring some very real and long-lasting consequences. Whether you’ve been charged with a DUI, petty theft, or another offense, it’s important to understand what’s at stake and how to protect yourself.
Let’s break down exactly what a misdemeanor is, what penalties you could be facing, and why having an experienced defense attorney by your side can make all the difference.
What Is a Misdemeanor?
A misdemeanor is a criminal offense that falls between an infraction (like a traffic ticket) and a felony (such as robbery or assault with a deadly weapon). Even though it’s not the most serious type of criminal charge, a misdemeanor conviction can still result in jail time, fines, a criminal record, and other serious consequences.
In most cases, California law limits misdemeanor penalties to up to 6 months in county jail and/or a fine of up to $1,000. However, some misdemeanors — often called “aggravated” or “gross” misdemeanors — can lead to up to 364 days in jail and higher fines.
Common Misdemeanor Charges
California law covers a wide range of offenses under the misdemeanor category. Some of the most common include:
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DUI (Driving Under the Influence) – first or second offense
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Petty theft (shoplifting or theft under $950)
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Drug possession for personal use
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Trespassing
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Domestic battery
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Driving on a suspended license
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Vandalism
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Disorderly conduct
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Public intoxication
These charges may seem minor at first glance, but they can lead to major life disruptions if not handled correctly.
“Wobblers” and “Wobblettes” – What’s the Difference?
Some offenses can be charged as either a misdemeanor or a felony, depending on the circumstances and your criminal history. These are known as “wobblers.” For example, assault, fraud, and certain theft offenses may start as misdemeanors but could be elevated to felonies if aggravating factors exist.
There are also “wobblettes” — lower-level offenses that can be charged either as an infraction or a misdemeanor. Think of things like trespassing or disturbing the peace.
The way a crime is charged can significantly impact the outcome, which is why it’s so important to have the right legal guidance from the start.
The Legal Process for Misdemeanor Cases
Here’s what typically happens when you’re charged with a misdemeanor in California:
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Arrest or citation – You might be arrested or simply cited and released, depending on the offense.
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Arraignment – Your first court appearance, where charges are read and you enter a plea.
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Pretrial – This is when evidence is shared, motions may be filed, and plea negotiations take place.
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Trial or plea deal – If no deal is reached, your case could go to trial. But many cases are resolved beforehand.
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Sentencing – If you’re convicted or accept a plea, sentencing follows. This could include jail time, probation, fines, or mandatory programs.
With the help of a criminal defense attorney, many misdemeanor cases can be resolved without jail time — and some may even be dismissed altogether.
Jail Isn’t Always Inevitable
California offers alternatives to jail for many misdemeanor offenses. Depending on your case, you may be eligible for:
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Informal probation (also called summary probation)
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Diversion programs (especially for drug-related or first-time offenses)
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Community service
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Counseling or rehabilitation
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Electronic monitoring or house arrest
For many people, avoiding jail is possible — and a good defense attorney will work hard to make that happen.
Can a Misdemeanor Be Expunged?
Yes — in many cases, misdemeanor convictions can be expunged from your record once you complete your sentence or probation. This legal process effectively allows you to withdraw your guilty plea and have the case dismissed. That means no more explaining your past on job applications, rental agreements, or professional licensing forms (with some exceptions).
If you’ve completed probation and paid any required fines or restitution, you may qualify to have your misdemeanor expunged — giving you a much-needed clean slate.
How a Misdemeanor Can Affect Your Life
Even though it’s “just a misdemeanor,” a conviction can lead to:
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A permanent criminal record
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Employment consequences, especially in background checks
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Trouble with immigration status
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Loss of firearm rights (in some cases)
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Restrictions on professional licensing
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Higher insurance premiums, especially for DUI charges
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Travel limitations to certain countries
In other words — don’t take it lightly. A misdemeanor can change the trajectory of your life if not properly handled.
What About DUI as a Misdemeanor?
DUI is one of the most common misdemeanor charges in California. A first-time DUI can lead to:
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Up to 6 months in county jail
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License suspension for 6–10 months
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Fines and penalties totaling thousands of dollars
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Mandatory DUI education programs
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Installation of an ignition interlock device (IID) in your vehicle
Repeat offenses or DUIs involving injury can escalate into felony territory. Even for a first offense, the penalties are harsh, and the long-term consequences can be severe. That’s why it’s essential to act quickly and get experienced legal help if you’re facing a DUI charge.
You Have Rights. Let Us Help You Defend Them.
If you or a loved one has been charged with a misdemeanor, time is not on your side. The earlier you speak to a defense lawyer, the better your chances of a favorable outcome.
At Southwest Legal, we understand what’s at stake — your freedom, your reputation, your future. Whether you’re facing a DUI, theft charge, domestic battery, or any other misdemeanor offense, our experienced criminal defense team will fight to protect your rights and guide you every step of the way. Don’t face the criminal justice system alone. Call us today for a free consultation. Let us help you take control of your case and get your life back on track.
